European Parliament Elections Act, 1997
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Eligibility for election to and membership of the Parliament. |
11.—(1) Subject to the following subsections of this section, every person who has reached the age of 21 years and is either— | |
(a) a citizen of Ireland, or | ||
(b) a national of a Member State other than the State and ordinarily resident in the State, | ||
shall be eligible for election under this Act to be a representative in the Parliament and for nomination under this Act as a replacement candidate. | ||
(2) A person shall not be eligible under subsection (1) if the person— | ||
(a) is subject to any of the disqualifications applicable to membership of the Dáil referred to in paragraphs (f) to (k) of section 41 of the Act of 1992, or | ||
(b) holds office as a Judge or as the Comptroller and Auditor General, or | ||
(c) being a citizen of Ireland, is a candidate at the relevant election in a Member State other than the State, or | ||
(d) being a national of a Member State other than the State or the United Kingdom, stands deprived, through an individual criminal law or civil law decision, of the right to be a candidate at the relevant election under the law of the person's home Member State. | ||
(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 Minister (who shall be the competent administrative authority for the purposes of Articles 7, 10 and 13 of the Directive) shall, on the request of the citizen and if appropriate, furnish to the citizen an attestation certifying that the citizen has the right to stand as a candidate at the election in the State or that no disqualification for so standing is known to the Minister. | ||
(4) A person who is elected under this Act to be a representative in the Parliament or who pursuant to section 19 is to be regarded as having been so elected, and who when so elected, or when he or she commences to be so regarded, holds office as— | ||
(a) the Attorney General, or | ||
(b) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or | ||
(c) a Minister of State, | ||
shall on such election, or, in case the person is to be so regarded, on the day on which he or she commences to be so regarded, cease to hold that office. | ||
(5) If while a person is a representative in the Parliament that person— | ||
(a) becomes subject to any of the disqualifications referred to in paragraph (a) of subsection (2), or | ||
(b) becomes the holder of an office referred to in paragraph (b) of subsection (2) or subsection (4), | ||
the person shall thereupon cease to be a representative in the Parliament. |