Regulacja wyborów do Parlamentu Europejskiego w prawie Unii Europejskiej
Law regulation elections to the european parliament in the european union law
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In European Union there are three levels of law governing elections to the Europen Parliament. First of all, European Union election law is regulated by the primary law and directive 93/109/WE as well as by the jurisprudence of the European Court of Justice. The second level is that of the Council of Europe – set out in the European Convention of Human Rights and interpreted by the European Court of Human Rights – to guarantee basic election principles. The third level of election law is national law. This, naturally, must conform to the wording of the Convention and decisions of the ECtHR in all member states of the Council of Europe and to the European Union election rules in 27 EU member states. The author of the article presents European Union law regulations concerning to the all stages of the electoral process and proposals of changes in this area. Stages of electoral process regulated in the European Union law are: ordering the elections, nomination of elections, setting roster of persons which have right to elected and right to be elected, electoral campaign, voting, establishing of the voting results and announcing of them, establishing of the elections results, affirmation of the validity of the elections, expirations of the mandate and by-elections. The author presents the opinion, that there are two ways of evolution of European Union regulation concerning to the elections to the European Parliament. First is gradual widening regulations of Act concerning the election of the members of the European Parliament by direct universal suffrage, and second is establishing the all-European constituency, in which right to present candidates would have only European political parties.
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