39 tal-2004 - Ordni tal-2004 dwar Votanti ta’ l-Unjoni Ewropea fl-Elezzjonijiet Lokali

L.N. 39 of 2004

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:-

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

Voters) Order, 2004.

(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.

The Electoral Commission shall also publish the European European Electoral

Electoral List which shall contain the list of all persons who are nationals List.

of a Member State of the European Union who are resident in Malta Act XVI of 2003.

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.

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.

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.

For the purposes of article 3 of this Order a person shall be Persons

be registered in

entitled to have his name entered in the European Electoral List if

European Electoral

List.

(a) he is a national of a member state whose name does not

appear in the Electoral Register kept in accordance with the General

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.

(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.

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