EU Commission Rules In Favour Of UK In Anglo/Spanish Gibraltar Dispute

by Jason Gorringe, Tax-News.com, London

31 October 2003

The European committee looking into the Spanish complaint lodged against the UK government over legislation it passed enfranchising Gibraltar citizens for European elections has come down on the side of the United Kingdom, though refraining from giving a reasoned opinion, and has invited both sides to “find an amicable solution".

“The UK statute which Spain contests”, says the declaration, “was adopted by the UK following the “Matthews” judgment of the European Court of Human Rights. Spain does not contest that the UK is under the obligation to give residents of Gibraltar holders of UK passports the right to vote for the European Parliament nor the UK present practice of giving certain Commonwealth citizens resident in the UK the right to vote for the EP”.

The United Kingdom (UK) electoral legislation grants franchise to people defined as “Commonwealth citizens”, even if they are not nationals of the UK. As a result, non-EU citizens living in Gibraltar who qualify as “Commonwealth citizens” can vote in European parliamentary elections.

Spain had filed a complaint with the 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 contests was adopted by the UK following the “Matthews v. United Kingdom” case of 18 February 1999 in which it had been 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 Gibraltar electorate to take part in such elections.

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