Pursuant to Presidential Decision No.38/2024 Coll. on the announcement of the European Parliament elections of 26 January 2024, the elections to the European Parliament in the Czech Republic were held on 7 and 8 June 2024. Any person over the age of 18 could vote. Citizens of the Czech Republic and of other EU Member States could vote provided that they were registered for permanent or temporary residence in the Czech Republic at least 45 days before the elections.
On 7 June 2024 voting took place from 14:00 to 22:00 and on 8 June voting took place from 08:00 to 14:00 (§3 of Act No. 62/2003 Coll.).
Legal regulation
The following legislation regulates elections to the European Parliament held in the Czech Republic:
- Act No. 62/2003 Coll., on elections to the European Parliament and amending certain laws
- Decree No. 409/2003 Coll., 62/2003 Coll., on elections to the European Parliament and on amendments to certain acts (implementing regulation)
Functions of the members of the European Parliament District Election Commission
- Chairman precinct election commissions
- Vice-President precinct election commissions
- Recorder precinct election commissions
- Member precinct election commissions
Who can be a member of a precinct election commission
A member of a precinct election commission may be appointed on the basis of § Section 18(2) of Act No. 62/2003 Coll., a citizen of the Czech Republic or another Member State,
- for whom there is no obstacle to the exercise of the right to vote under section 5(2) of this Act
- who is not a candidate for election to the European Parliament
- who has at least reached the age of 18 on the date of taking the oath.
When does membership of a precinct election commission expire?
- days cessation of activity precinct election commissions on the basis of Section 50 of Act No. 62/2003 Coll.
- by death
- the moment when the chairman of the precinct election commission receives the written declaration of resignation Member of the precinct election commission (cannot be withdrawn)
- the moment when the chairman of the precinct election commission receives the written revocation of a member of the precinct election commission by whoever delegated him
- loss of citizenship Czech Republic or another Member State
- if a member of the precinct election commission he was not in office on election day and his absence lasts more than 2 hours continuously.
Entitlements of members of precinct election commissions
The entitlements of members of precinct election commissions are set out in in § 61 of Act No. 62/2003 Coll. According to this section, the members of the precinct election commission are to entitlement to special remuneration for the performance of their duties.
Chairman, Vice-Chairman and Recorder precinct election commissions are entitled to higher remuneration than other members precinct election commissions. A member who has not complied with the obligation to attend training on the voting principles and the system for determining and processing the results of the vote is not entitled to this higher remuneration. The exception to this would be if a recorder had been appointed or the chair and vice-chair appointed at a time when it was no longer possible to attend the training.
Member of the precinct election commission, who is employed or in a service relationship, is entitled to time off work or on official leave to the extent strictly necessary. These are an obstacle to work pursuant to Section 203 of the Labour Code, i.e. another act in the general interest. A member of a precinct election commission is entitled to wage or salary replacement in the amount of average earnings from the employer who released it.
The law does not provide for an obligation to reimburse wage or salary compensation. However, this obligation is regulated in Article 206(3) and (4) of the Labour Code. This section provides that if an employee has been dismissed for an obstacle to work for reasons of general interest pursuant to a special legal regulation, the legal or natural person for whom the employee was employed or for whom he was released shall be obliged to reimburse the employer for the wage or salary compensation provided by the employer to the employee, unless the employer has agreed with that person to waive the reimbursement.
If the releasing employer is reimbursed for wages or salary, this is a reimbursement. The releasing employer may only be reimbursed for the wages or salary of the released employee to the extent provided by the Labour Code in the amount of average earnings. Wage or salary compensation provided in excess of this range as provided for by the Labour Code (Article 206(4)) shall not be reimbursed.
On the basis of the above, the employer of a precinct election commission member who has been released from employment to the extent necessary may subsequently apply to the relevant municipal or city authority for reimbursement of the employee's salary or wages.
If an employee who is a member of precinct election commissions attend training related to the performance of this function, it is also on grounds of public interest. For this period, the employee shall be entitled to wage or salary replacement in the amount of average earnings that the employer may claim from the local authority in the form of a refund.
Special remuneration for members of the precinct election commission
The amount of remuneration for members of the precinct election commission is regulated by § 10 of Decree No. 409/2003 Coll., according to which the following special remuneration is payable for the performance of their duties in elections to the European Parliament:
- For Chairman precinct election commissions in the amount of 2.200 CZK
- For Vice-President precinct election commissions in the amount of 2.100 CZK
- For Recorders precinct election commissions in the amount of 2.100 CZK
- To others to members precinct election commissions in the amount of 1.800 CZK
Remark: In the event that there was a situation where elections to the European Parliament would be held at the same time as other elections, it is true that member's remuneration precinct election commissions is increased by 400 CZK for every other election. If there were to be the second round of elections, the remuneration shall be increased by the amount of the performance of the function in the next round of elections to the Senate of the Parliament of the Czech Republic or the election of the President under another legal regulation.
Members precinct election commissions, who is not in an employment or employment-like relationship but is gainfully employed, Attributed to in addition to the above mentioned remuneration compensation for loss of earnings for the period of service as a member of the precinct election commission. This compensation amounts to 43 CZK per hour, but not more than CZK 340 per day.
If the a member of the precinct election commission did not attend all the meetings commission, the municipal authority the total amount of rewards are shortening in the proportion according to the record of his/her participation in the meetings of the precinct election commission.
The above remuneration and compensation for loss of earnings shall be paid within 30 days after the precinct election commission has finished its work. This activity is terminated on the fifteenth day after the announcement of the results of the elections to the European Parliament in accordance with Section 50 of Act No. 62/2003 Coll. Remuneration and compensation lost earnings are paid by the municipality.
Taxation of remuneration of members of the precinct election commission
The remuneration of a member of a precinct election commission is in accordance with § Section 6(9)(s) of Act No. 586/1992 Coll., on income taxes tax-exempt income.
Social insurance for members of the precinct election commission
From the provisions of § 5 of Act No. 187/2006 Coll., on sickness insurance, it follows that the insurance applies to persons who, in connection with their employment, derive or could derive income from employment which is or would be, if it were subject to taxation in the Czech Republic, subject to income tax under a special legal regulation and is not exempt from such tax.
Remuneration of a precinct election commission member is tax-exempt income pursuant to Section 6(9)(s) of Act No. 586/1992 Coll., on Income Taxes, therefore no social security contributions are deducted from this remuneration Security.
Health insurance from the remuneration of precinct election commission members
Based on § 5 (a) (7) of Act No. 48/1997 Coll., on public health insurance, a member of a precinct election commission is not considered an employee for the purposes of health insurance and is not obliged to pay insurance premiums for public health insurance from the remuneration paid for the function of a member of the precinct election commission.
It follows from the above that the members of the precinct election commission will not sign up for health insurance through the Employer's Mass Notification and from their remuneration for serving on the precinct election commission. nhealth insurance premiums will be paid.
