Spain Seeks To Disenfranchise Gibraltarians In European Elections

by Jason Gorringe, Tax-News.com, London

07 July 2005

A hearing has begun in the European Court of Justice in a case brought by the Spanish government, which, if successful, could overturn British legislation enfranchising Gibraltarians for European Parliamentary elections.

The Spanish are arguing that the British legislation breaks the founding treaty of the then European Community because it allows non-European commonwealth citizens to vote in EU elections. Spain also believes that the United Kingdom acted illegally by incorporating Gibraltar into the UK's South West electoral constituency for the purposes of European elections.

The UK was forced to change its laws and allow residents of Gibraltar to vote in EU elections after a 1999 ruling by the European Court of Human Rights. However, the British government is contesting the Spanish claims, and has sent a team of advocates to argue its case.

Neil Parish, a Conservative MEP representing the South West and Gibraltar constituency in the European Parliament, believes Spain's motivations in the case have more to do with the ongoing tensions over Gibraltar's sovereignty rather than with upholding the democratic laws of the European Union.

"This is all very sad. Spain is determined to make life difficult over Gibraltar because the Spanish Government knows there is absolutely no chance of making progress on the sovereignty issue," stated Mr Parish.

He also warned that a ruling in favour of the Spanish government would have ramifications far beyond Gibraltar.

"This would affect a handful of people in Gibraltar. But it could potentially disenfranchise a million people living in the UK. The principle of being able to decide for ourselves the way we conduct elections is a principle worth fighting for. It goes to the heart of our democracy."

A verdict from the European Court is not expected for at least another six months.

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