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European Union Act, 2003 (Act No. V Of 2003) Local Elections (European Union Voters) Order, 2004 (L.N. 39 Of 2004 )



L.N. 39 of 2004

B 323

EUROPEAN UNION ACT, 2003 (ACT NO. V OF 2003)Local Elections (European Union Voters) Order, 2004

BY virtue of the powers conferred by article 4 of the European
Union Act, 2003, the Prime Minister has made the following Order:-

1. The title of this Order is the Local Elections (European Union

Voters) Order, 2004.

Citation.

2. (1) This Order gives effect to Council Directive 94/80 EC Purpose and Scope of Order.

of the 19th December, 1994, laying down detailed arrangements for the
exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals.
(2) This Order shall apply with respect to elections under the Local Councils Act held after the 1st May, 2004.

3. The Electoral Commission shall also publish the European Electoral List which shall contain the list of all persons who are nationals of a Member State of the European Union who are resident in Malta and whose name does not appear in the Electoral Register published in accordance with the General Elections Act or in the European Union Electoral Register kept in accordance with the European Parliament Elections Act, 2003, and who in accordance with article 5 of this Order are entitled to vote in elections for local councils in their locality.

European Electoral

List.

Cap. 354.

Act XVI of 2003.

4. The European Electoral List shall for the purposes of article European Electoral

List to form part of

5(2) and of any other provision of the Local Councils Act and subject to European Electoral
the provisions of this Order, be deemed to be an integral part of the Register.

Cap. 363.

European Union Electoral Register, kept under the European Parliament
Elections Act, 2003, and, subject as aforesaid, the provisions of the said European Parliament Elections Act, 2003, applicable to the European Union Electoral Register shall apply thereto.

5. For the purposes of article 3 of this Order a person shall be entitled to have his name entered in the European Electoral List if:

(a) he is a national of a member state whose name does not appear in the Electoral Register kept in accordance with the General

Persons entitled to be registered in European Electoral List.

Cap. 258.

B 324

Registration in the European Electoral List.

Elections Act or the European Union Electoral Register kept in accordance with the European Parliament Elections Act, 2003; 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 fulfills the requirements listed in paragraphs (b) and
(c) of article 57 of the Constitution:
Provided that for the purpose of this paragraph residence in any Member State shall be deemed to be residence in Malta; and
(d) he is not a person falling under the description in paragraphs (a) or (b) or (c) of article 12 of the European Parliament Elections Act, 2003.

6. (1) Any person qualified to be registered in the European Electoral List may apply for registration to the Electoral Commission in such form as the said Commission may from time to time provide for the purpose.

(2) Notwithstanding the provisions of sub-article (1) hereof, the Electoral Commission shall enter the name of any person so qualified in the European Electoral List whether or not an application as therein referred to has been made.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Prezz 8ç – Price 8c


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