Spain Rules Out Further Legal Action Against UK Over Gibraltar Voting Rights - For Now
by Robert Lee, Tax-News.com, London
11 December 2003

The Spanish government has announced that it will take no further action against the United Kingdom in the European courts in the near term for allowing non-EU citizens the right to vote in elections to the European parliament, although it has not ruled out the possibility, according to a report in the Gibraltar Chronicle.

Spain had filed a complaint with the European Commission against the United Kingdom on 27 July 2003, alleging that the UK European Parliament Representation Act 2003 (EPRA 2003) was contrary to Community law.

The UK statute which Spain contested was adopted by the UK following the “Matthews v. United Kingdom” case of 18 February 1999, in which the country was condemned by the European Court of Human Rights because no European parliamentary elections had ever been held in Gibraltar. The UK adopted EPRA in May 2003 in order to enable the Gibraltarian electorate to take part in such elections. Consequently, the jurisdiction will be incorporated into the UK's South West euro parliamentary constituency for next year's European elections

Announcing Spain’s decision, Minister for European Affairs, Ramon De Miguel said the government remains open to the possibility of further legal action against the UK in the longer term.

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