Additional explanations of the National Electoral Commission on the right to vote of citizens of the European Union - non-nationals of Poland - in elections to the European Parliament

ZPOW-903-5/04                                                                                                                                                                  Warsaw, 16 March 2004

ADDITIONAL EXPLANATIONS OF THE NATIONAL ELECTORAL COMMISSION
on the right to vote of citizens of the European Union – non-nationals of Poland - in elections to the European Parliament

The right to vote (eligibility to vote) in elections to the European Parliament is vested  in a citizen of the European Union, non-national of Poland, who:

- is at least 18 years of age on the election day;
- resides lawfully and permanently in the Republic of Poland;
- is enrolled in the permanent register of voters;
- is not deprived of electoral rights in elections to the European Parliament in the Member State of the European Union of which he/she is a citizen.

The right to vote is vested in the citizens of Member States of the European Union who have fulfilled requirements, mentioned above. It is vested also in the citizens of the acceding, on the 1st of May 2004, States – Cyprus, Czech Republic, Republic of Estonia, Republic of Hungary, Republic of Lithuania, Republic of Latvia,  Republic of Malta, Republic of Slovakia and Republic of Slovenia.

The notion: “resides permanently” means the permanent residence in the meaning of the Polish law. According to the Article 25 of the Civil Code ;”the place of residence of a natural person it is the locality, in which such person stays with an intention of having a permanent residence”.

The judicature of the courts interpret this definition as: –underlining the relation of the stay, with the will of concentration of ones mode of life, including the creation of a center of ones personal and economic interests.

The residence in the Republic of Poland “in compliance with the law”, it should be understood as residence realized on the basis of:

1) a permission to settle or permission to reside for a definite period of time – issued prior the 1st of May 2004, in accordance with the provisions of the Act of 13th June 2003 on foreigners  (Journal of Laws, No. 128, item 1175), or on the basis of earlier regulations;

2) a permission to stay or permission to stay temporarily – issued in accordance with the provisions of the Act of 27th  June 2002 – on the principles and conditions of the entry and stay in the territory of the Republic of Poland by citizens of Member States of the European Union as well as members of their family  (Journal of Laws, No. 141, item 1180 and of 2003, No. 128, item 1175),

- upon the condition, that the period of validity of a permission covers the day of 13th  June 2004.

The rules governing the entry to the permanent register of voters are given in the Article 11, paragraphs 7 – 9 of the Act of 12th  April 2001 – on elections to the Seym of the Republic of Poland and to the Senate of the Republic of Poland (Journal of Laws No. 46, item 499, with amendments). The voter – a citizen of the European Union, non-national of Poland – shall be enrolled in the register of voters in the Gmina Office in the territory of his/her residence, on his/her request, made with the Gmina Office no later than 30 days after the elections have been ordered, and this means, in connection with elections to the European Parliament ordered on 13th  June 2004 - no later than the 13th  April 2004.