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 39 applies under the conditions laid down in Parts I and III of the Constitution, in accordance with Article 52(2) of the Charter. Article 39(1) corresponds to the right guaranteed in Article 8(2) of the Constitution (also the legal basis in Article III-10 for the adoption of detailed arrangements for the exercise of that right) and Article 39(2) corresponds to Article 19(2) of the Constitution. Article 39(2) takes over the basic principles of the electoral system in a democratic State.