The accession of the Republic of Hungary to the European Union demands that the Parliament should make the rules of filling parliamentary seats reserved for the representatives of the Republic of Hungary in the European Parliament, which confer right to vote in the election of the Members of the European Parliament on citizens of other Members States of the European Union having domicile in Hungary. Therefore, the Parliament shall make the following law: 

1. § This law shall be applied to filling seats reserved for the Republic of Hungary in the European Parliament.

Election

2. § (1) The election takes place in a proportional election and list voting system.

(2) In the election the territory of the Republic of Hungary shall constitute a single constituency.

Suffrage

3. § (1) It is within citizens' own discretion to exercise the right to vote.

(2) Citizens' may exercise their right to vote only in one of the Member States of the European Union.

4. § In the Republic of Hungary, in the election of the Members of the European Parliament the right to vote may be exercised by

a) each Hungarian voter if they have not indicated in another Member State of the European Union that they intend to exercise their right to vote there, and

b) any voter of the Member States of the European Union, if they make a statement that they intend to exercise their right to vote in the Republic of Hungary,

and certify that they have a domicile in Hungary.

Nomination

5. § (1) Lists may be set up by political parties registered in compliance with the Act on the Operation and Financial Functioning of Political Parties. Joint lists may be also set up by two or more political parties. One party may set up no more than one independent or joint list. The list shall include candidates in the order notified by the political party (parties).

(2) To present a list it is necessary to have the proposals of at least 20 000 voters authenticated by signature.

(3) Citizens may propose only one list.

6. § Citizens may be included only in one list as candidates.

Voting

7. § Citizens may vote only for one list.

Ascertaining the results of the election

8. § (1) The number of the mandates that can be won is equal to the number of seats reserved in the European Parliament for the representatives of the Republic of Hungary.

(2) Only the lists that have won more votes than 5% of all the valid ballots cast on all the lists may be considered when awarding seats and may win seats.

(3) To award seats it is necessary to compile a chart in which a column of figures shall be made under the name of each list entitled to win seats pursuant to paragraph (2). The first number in the column of figures stands for the number of ballots won by the given list, the second number for the half of the number of ballots won by the given list, the next number for the third, the fourth, the fifth, etc. Maximum as many numbers may be included in each column of figures as many candidates have been put forward on the list.

(4) The greatest number in the chart shall be identified, and the list whose column of figures includes it will be given one seat. After that, the next greatest number shall be identified, and the list whose column of figures includes it will win one seat. This procedure shall be pursued until all the seats have been awarded.

(5) If the number coming next in the column of figures of two or more lists is identical, and with that they would win a mandate, but the number of seats that can be awarded is less than the number of the lists concerned, then the seats shall be awarded in accordance with the order of the serial number of the lists.

9. § Candidates in the list will win seats in the order originally notified by the party.

Filling vacant seats

10. § (1) In the event the mandate of a representative having won a seat has ceased, the seat will be taken by a candidate, out of the candidates originally included in the list, named by the party, for lack of it, the next candidate in the list.

(2) If there is no other candidate in the list, the seat will be won by the list that would have won the next mandate when pursuing the procedure pursuant to paragraph (4) and (5) of § 8 in the course of awarding seats. The candidate pursuant to paragraph (1) will win the seat.

Entry into force

43. § (1) This law, except for the provisions set forth in paragraphs (2) and (3), shall come into force on the 8^th day after it is promulgated.

(2) In this law in paragraph (1) § 24, clause a) paragraph (1) § 4 of Act 66 of 1992 (hereinafter referred to as Registration Act), paragraph (2) § 24, also, § 28-30 and in § 31 paragraph (1) of § 48 of the Registration Act, and § 45 shall come into force on the first day of the second month after it is promulgated.

(3) In this law in paragraph (1) § 24, clause b) paragraph (1) § 4 of the Registration Act, in § 25, § 27 and §31, paragraph (2) §48 of the Registration Act, and §36-42 shall come into force on the day the Treaty promulgating the accession of the Republic of Hungary to the European Union comes into force.

(4) Simultaneously with the entry into force pursuant to paragraph (1), the wording "for lack of it, their place of residence" in paragraph (1) § h13 of the Procedural Law and §103 of the Procedural Law shall be repealed.

(5) The provisions of paragraph (1) and (2) of § 99/D of the Procedural Law stipulated in § 20 of this law shall not be applied at the election of the Members of the European Parliament in 2004.

Transitional orders

44. § In the course of preparing the European Parliamentary elections, the citizens of the States that are not the members of the European Union yet, but, in view of their accession, may already take part in the European Parliamentary elections, shall be considered as if they were citizens of the Member States of the European Union.

45. § Foreigners who was given domiciliation permit before this law came into force, are obliged to notify their particulars certified by documents necessary for registration, and meet their obligation to have their first address registered at the clerk of the local government of their domicile, in 30 days from this law coming into force.

46. § In the course of preparing the 2004 European Parliamentary elections, such procedure shall be applied as if the Republic of Hungary were a Member of the European Union.

47. § During the 2004 European Parliamentary elections the provisions of this law shall be applied to the registration and voting of the citizens of other Member States of the European Union with the differences set forth in § 48-50.

48. § (1) With a view to prepare the elections, the central office of the particulars and address register handles separately the following particulars of citizens of the Member States of the European Union as well as Cyprus, the Czech Republic, Estonia, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, who are of legal age or who will be of legal age before 13 June 2004 pursuant to Hungarian rules of law, lawfully staying in Hungary, having registered domicile in the territory of the Republic of Hungary:

a) natural personal identification data and data on citizenship,

b) registered domicile, residence, dwelling-place in Hungary, and

c) the reference number and date of validity of the document certifying title to stay.

(2) The central office of the particulars and address register will take over the data described in paragraph (1) from the agency maintaining the central alien administration register, from the register of those having valid domiciliation, immigration or staying permit, or staying visa, with a view to check the conditions necessary for entering them in the register, and, henceforward, will add data taken over from the central alien administration register and data maintained in the particulars and address register to the register of the data taken over.

(3) Until 1 March 2004, the National Election Office will request the citizens included in the register of the data taken over, in a letter, to make a statement to the head of the local election office before 30 April 2004 if they intend to exercise their right to vote during the 2004 European Parliamentary elections in the territory of the Republic of Hungary. The National Election Office will also inform them about the conditions and the way they can exercise their right to vote, and the fact that failure to make a statement on their intention to vote before the given date will prevent them from exercising their right to vote in Hungary.

(4) The citizens who make a statement on their intention to vote in Hungary and ask for being registered pursuant to paragraph (3), shall simultaneously have their particulars registered pursuant to paragraph (1), and give the settlement, electoral district, or constituency, where they were last included in the register in the State of their citizenship, and shall attach their statement that they exercise their right to vote only in the Republic of Hungary.

(5) The National Election Office will simultaneously provide information through election bills on the provisions set forth in paragraphs (3)-(4).

(6) While confirming data with the central office of particulars and address register, the head of the local election office will check if the citizens pursuant to paragraph (1) asking for their registration have a registered domicile in Hungary. On the day after voting, the central office of the particulars and address register will cease the register of the data taken over and delete data.

49. § The notified and certified domicile, residence, dwelling-place in Hungary of the citizens pursuant to §48 shall be considered, in terms of compiling the register, permanent address. The application and the register, and the notification on being a candidate, shall contain the applicant's personal identification number, for lack of it, the reference number of the document certifying lawfulness of staying in Hungary.

50. § The citizens of other Member States of the European Union shall verify their identity, registered domicile in Hungary and the lawfulness of their stay to the ballot-counting committee. In addition to the cases defined in paragraph (4) § 99/N of the Procedural Law, those who have not verified their registered domicile with official certificate shall be refused.

Provision referring to the right of the European Communities

51. § This Act, together with Act 100 of 1997 on Electoral Procedure, regarding the subject of the European Agreement on establishing association between the Republic of Hungary and the European Communities and their Member States, signed on 16 December 1991 in Brussels, in harmony with §3 of Act I of 1994 promulgating the Agreement, shall contain regulation that can be harmonised with the following legal acts of the European Communities:

a) Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangement for the exercise of the right to vote and stand as a candidate in the election to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals;

b) the document on the election of the representatives of the European Parliament by direct universal suffrage attached to the Council Decision 76/787/EC, Euratom amended by the Council Decision 2002/772/EC, Euratom of 25 June and 23 September 2002.