In contrast to Bundestag elections, there are substitute candidates in European elections.
Parties and other political associations submit nominations in the form of lists for one Land or lists for all Länder. The candidates on a list enter the European Parliament in the order laid down by the list.
A substitute candidate can be determined for each candidate. If deputies who ran for the respective Land list refuse election or leave the European Parliament before the end of the legislative term, for instance when they die, their seat will go to their substitute in the first place.
If a party or political association has not nominated a substitute candidate for the person who left, the list candidates who were not elected initially will move up according to their order on the list – this is also the case if the substitute candidate waives his or her right to the candidacy. Candidates and substitute candidates who have left the party or political association concerned or have become members of another party or political association are not considered when a successor is selected. Candidates who have been elected but refused election and deputies who have resigned their seat may not subsequently enter the European Parliament as substitute candidates.
The decision as to who enters the European Parliament as list successor has to be taken by the respective Land returning officer.
If there are no more candidates on the list, the seat of the deputy who left will remain vacant.
Legal bases
Sections 9, 24 of the European Elections Act (EuWG)
Sections 32, 77 of the European Electoral Regulations (EuWO)
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