15.
The CFR includes the following provisions:
“Article 39 - Right to vote and to stand as a candidate at elections to
the European Parliament
1. Every citizen of the Union has the right to vote and to stand as a
candidate at elections to the European Parliament in the Member
State in which he or she resides, under the same conditions as
nationals of that State.
2. Members of the European Parliament shall be elected by direct
universal suffrage in a free and secret ballot.
Article 40 - Right to vote and to stand as a candidate at municipal
elections
Every citizen of the Union has the right to vote and to stand as a
candidate at municipal elections in the Member State in which he or
she resides under the same conditions as nationals of that State.”
16.
The Explanations relating to the CFR, referred to in article 6.1 TEU, state
that article 39 CFR:
“applies under the conditions laid down in the Treaties, in
accordance with Article 52(2) of the Charter. Article 39(1)
corresponds to the right guaranteed in Article 20(2) [TFEU] (cf. also
the legal base in Article 22 [TFEU] for the adoption of detailed
arrangements for the exercise of that right) and Article 39(2)
corresponds to Article 14(3) [TEU]. Article 39(2) takes over the
basic principles of the electoral system in a democratic state.”
The Explanations state further that article 40 CFR:
“…corresponds to the right guaranteed by Article 20(2) [TFEU] (cf.
also the legal base in Article 22 [TFEU] for the adoption of detailed
arrangements for the exercise of that right). In accordance with
Article 52(2) of the Charter, it applies under the conditions defined
in these Articles in the Treaties.”
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