Not only German citizens may stand for election to the European Parliament in Germany but also people from other EU Member States, provided that they have a domicile in Germany or usually stay here. In turn, German citizens may run for Parliament in other Member States if they meet the conditions applying there.
As a consequence, there are different certificates of eligibility for political office.
1. Certificates of eligibility for persons standing for election in Germany
Germans and Union citizens who compete in Germany for a seat in the European Parliament need different certificates of eligibility for political office.
The certificate officially confirms
- for German candidates, that the conditions of eligibility for political office are met and that there are no reasons for ineligibility (Annex 16 to Section 32 (4) no. 2 of the European Electoral Regulations (EuWO)),
- for Union citizens, that they have a domicile or “other usual residence” in the municipality and that there are no reasons in the Federal Republic of Germany which render them ineligible for election (Annex 16A to Section 32 (4) no. 2a of the European Electoral Regulations (EuWO)).
Union citizens also have to supply an affirmation in lieu of an oath and further personal data (Annex 16B to Section 32 (4) no. 2b).
People whose main residence is in Germany will get their certificate of eligibility for political office from their municipality. For candidates and substitute candidates who have no abode in the Federal Republic of Germany and are not otherwise permanently resident here, the Federal Ministry of the Interior and Community, shall issue the certificate. It must be applied for at the diplomatic or full-time consular mission of the Federal Republic of Germany responsible for the candidate's place of abode, otherwise directly to the Federal Ministry of the Interior and Community.
All candidates, whether they are on a list for one Land or on a list for all Länder, have to submit the certificate of eligibility to the Federal Returning Officer, together with their nomination, until 6 p.m. of the 83rd day before election at the latest.
2. Certification of eligibility of German citizens standing for election in another Member State
A certification of eligibility is required when German citizens compete for a seat in Parliament in another Member State. Such certification is requested and issued ex officio, there is no need to file a specific application with a German authority.
The Member State in which the respective person stands for election informs the Federal Returning Officer of the candidacy. The Federal Returning Officer then requests a certificate of good conduct and asks the municipality of the candidate’s last residence in Germany to check the candidate’s eligibility for public office. The result is communicated to the enquiring Member State by the Federal Returning Officer.
Legal bases
Sections 6b, 11 (2) nos. 1a-1b of the European Elections Act (EuWG)
Section 32 (4) nos. 2, 2a, (5), (6), 78a of the European Electoral Regulations (EuWO)
Section 31 (1) of the Federal Central Criminal Register Act (BZRG)
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