European Parliament Elections (Voting and Candidature) Regulations, 1994.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Citation.
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paragraphs: Effect of Regulations.
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paragraphs: Interpretation.
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paragraphs: Appointment of competent administrative authority.
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paragraphs: Provisions relating to the registration of electors.
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paragraphs: Provisions relating to the qualification of candidates.
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paragraphs: Provisions in relation to nomination papers, etc.
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paragraphs: Provisions in relation to nomination of candidates.
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paragraphs: Provisions in relation to replacement candidates.
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paragraphs: Disposal of documents.
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paragraphs: Declarations by Irish citizens standing as candidates.
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paragraphs: Offences and penalties.
S.I. No. 14 of 1994.
EUROPEAN PARLIAMENT ELECTIONS (VOTING AND CANDIDATURE) REGULATIONS, 1994.
The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 6 December, 1993 (No. 93/109/EC, O.J. No. L329/34 of 30 December, 1993), hereby makes the following Regulations:—
1 Citation.
num: 1
paragraphs: These Regulations may be cited as the European Parliament Elections (Voting and Candidature) Regulations, 1994.
2 Effect of Regulations.
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paragraphs: These Regulations shall have effect notwithstanding anything contained in the Acts and the provisions of the Acts shall be construed and have effect subject to these Regulations.
3 Interpretation.
num: 3
paragraphs: (1) In these Regulations—
"the Act of 1977" means the European Assembly Elections Act, 1977 (No. 30 of 1977);
"the Act of 1984" means the European Assembly Elections Act, 1984 (No. 6 of 1984);
"the Act of 1992" means the Electoral Act, 1992 (No. 23 of 1992);
"the Act of 1993" means the European Parliament Elections Act, 1993 (No. 30 of 1993);
"the Acts" means the European Parliament Elections Acts, 1977 to 1993;
"attestation" means a document issued by a competent administrative authority pursuant to Article 10 (2) of the Council Directive;
"competent administrative authority" in relation to a Member State means the competent administrative authority designated by that Member State for the purposes of Articles 7, 10 and 13 of the Council Directive;
"Council Directive" means the Council Directive of 6 December, 1993 (No. 93/109/EC, O.J. No. L329/34 of 30 December, 1993);
"election" means an election of representatives to the European Parliament;
"home Member State" in relation to any person means the Member State of which the person is a national;
"the Parliament" means the European Parliament;
(2) In these Regulations—
(a) a reference to a sub-article shall be construed as a reference to a sub-article of the article of these Regulation in which the reference occurs, unless it is indicated that reference to some other provision is intended;
(b) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations; and
(c) an expression shall have the same meaning as in the Acts, save where the context otherwise requires.
4 Appointment of competent administrative authority.
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paragraphs: The chief returning officer shall be the competent administrative authority for the purposes of Articles 7, 10 and 13 of the Council Directive.
5 Provisions relating to the registration of electors.
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paragraphs: (1) Subject to sub-article (3), a person referred to in section 9 of the Act of 1992, who is a national of a Member State, other than the State or the United Kingdom, shall not be entitled to be registered as a European elector in a constituency in a register of electors which comes into force in the year 1995 or subsequently unless such person—
(a) applies to be so registered, and
(b) furnishes to the registration authority a statutory declaration stating—
(i) the nationality of the person,
(ii) the address in the State at which the person is ordinarily resident,
(iii) where applicable the locality or constituency in the person's home Member State on the electoral roll of which the person's name was last entered, and
(iv) the intention of such person to exercise the right to vote at an election in the State only.
(2) Where a registration authority receives a statutory declaration referred to in sub-article (1) it shall, as soon as may be, forward a copy of the declaration to the chief returning officer who shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration relates.
(3) Sub-article (1) shall not apply in relation to any person registered as a European elector in a constituency in a register of electors which comes into force in the year 1994.
(4) Where a citizen of Ireland applies to be entered on the electoral roll in the Member State, other than the State and the United Kingdom, in which the citizen resides, the chief returning officer shall, on the request of the competent administrative authority of the Member State concerned, furnish to the said authority such relevant information available to the chief returning officer as would indicate whether the citizen has been deprived of the right to vote at an election in the State through an individual civil law or criminal law decision.
6 Provisions relating to the qualification of candidates.
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paragraphs: (1) No citizen of Ireland shall—
(a) be nominated as a candidate pursuant to section 9 of the Act of 1977 or as a replacement candidate pursuant to section 3 of the Act of 1984 in a constituency in the State, or
(b) be eligible for election under the Acts to be a representative in the Parliament for a constituency in the State,
if such citizen is a candidate at the same election in a Member State other than the State.
(2) A national of a Member State, other than the State or the United Kingdom, who, through an individual criminal law or civil law decision, has been deprived of the right to stand as a candidate at the election under the law of the national's home Member State, shall not, while so deprived, be eligible for election under the Acts to be a representative in the Parliament and such national shall not be nominated as a candidate pursuant to section 9 of the Act of 1977 or as a replacement candidate pursuant to section 3 of the Act of 1984.
(3) Where a citizen of Ireland proposes to stand as a candidate at an election in the Member State, other than the State and the United Kingdom, in which the citizen resides, the chief returning officer shall, on the request of the citizen and if appropriate, furnish to the citizen an attestation certifying that the citizen has not been deprived, through an individual civil law or criminal law decision, of the right to stand as a candidate at the election in the State or that no such disqualification is known to the chief returning officer.
7 Provisions in relation to nomination papers, etc.
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paragraphs: (1) The nomination paper at an election may; in addition to the matters referred to in Rule 4 of the First Schedule to the Act of 1977, provide for the making of a statement indicating whether the candidate is—
(a) a citizen of Ireland or a British citizen, or
(b) a national of a Member State, other than the State or the United Kingdom,
and a declaration that the candidate is not a candidate at the election in any other Member State.
(2) The replacement candidates' list at an election may, in addition to the matters referred to in section 4 of the Act of 1984, provide for the making of a statement indicating whether a person nominated by entry thereon as a replacement candidate is—
(a) citizen of Ireland or a British citizen, or
(b) a national of a Member State other than the State or the United Kingdom,
and a declaration that the replacement candidate is not a candidate at the election in any other Member State.